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(영문) 서울중앙지방법원 2018.09.20 2017가합22976
투자금반환
Text

1. The Defendants jointly share KRW 240,000,000 with respect to the Plaintiff, and Defendant B Co., Ltd. from June 23, 2017.

Reasons

1. Facts of recognition;

A. From April 4, 2012 to October 15, 2013, Defendant C was respectively registered as the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”); from October 15, 2013 to March 17, 2016, as the only internal director of the Defendant Co., Ltd.; and thereafter, from December 29, 2016 to December 29, 2016, Defendant C was registered as the only internal director of the Defendant Co., Ltd.; and the Plaintiff was recommended by Defendant C.

(b) and (c);

As seen in this subsection, a person who has entered into an investment arrangement with the defendant company.

(A) Evidence No. 1, Evidence No. 2-1, 2, and 5). (b)

Around May 15, 2013, the Plaintiff entered into an investment agreement with the Defendant Company on KRW 120 million with respect to the business that the Plaintiff invests in the indirect investment (securities, real estate, etc.) (i.e., the Plaintiff’s “business that invests in the indirect investment (securities, real estate, etc.)” for one year (i.e., an automatic extension if no separate notice is given before the maturity of at least one month), and the Defendant Company paid the Plaintiff KRW 1.5 million per month as dividends and paid the Plaintiff the principal at the time of termination of the contract (i.e., evidence 2-1) pursuant to the said investment agreement (i., May 15, 2013 and May 16, 2013, the Plaintiff deposited the account under Defendant C’s name (Korean Tti Bank D; hereinafter “instant account”).

(A) On May 16, 2013, Defendant C completed the registration of creation of a collateral security right, the debtor C, the plaintiff of the right to collateral security, and the plaintiff of the right to collateral security, with the maximum debt amount of KRW 40 million, 1009, 1101, and 1102, each of which he/she own on his/her own, on May 16, 2013 (Evidence 4-1 through 3). Since then, the registration of establishment of a collateral security right established under the above 109 was revoked on March 27, 2014, and the registration of establishment of a collateral security right established under the above 1101 and 1102 was revoked on June 13, 2014, respectively) and the plaintiff and the defendant company were revoked on April 2, 2015, while making an investment agreement under the above paragraph (1) null and void.

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